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Owner’s Standard of Care Expert Failed to Identify the Standard of Care and Failed to Explain How Designer Violated the Standard

by Kent Holland | Jan 31, 2025 | Newsletter Article

Trial court granted summary judgment for architect because project owner’s expert witness failed to define the standard of care and state how the architect failed to meet the standard.  The Owner’s complaint alleged that the architect failed to provide services with...

Engineer May be Liable for Injuries Suffered by Construction Worker who was Injured on Jobsite

by Kent Holland | May 31, 2022 | Newsletter Article

A construction laborer was injured when part of a floor collapsed on him when he was removing concrete “topping.”  The individual sued the engineer arguing negligence in failing to disclose the dangerous unstable condition and failing to specify that the floor should...

Standard of Care for Preliminary Design (Teaming Agreements)

by Kent Holland | May 31, 2022 | Newsletter Article

Our law firm, ConstructionRisk Counsel, PLLC represents and assists design firms that are seeing increased claims being made against them by their contractor clients on design-build projects – based on alleged negligence in preparing preliminary designs on which the...

Contract Drafting Tip: The Flow–Down Incorporation by Reference Clause

by Kent Holland | Dec 21, 2021 | Newsletter Article

This article is written from the subcontractor’s perspective.  When negotiating its subcontract, the subcontractor may be successful in obtaining reasonable clauses concerning standard of care, time for performance, indemnification, limited warranties and other...

Contractor has no Duty to Inspect for Asbestos Before starting Renovation of Single Family House (under Colorado law)

by Kent Holland | Apr 13, 2020 | Newsletter Article

Under the Colorado asbestos regulations applicable single family residential construction, a contractor owed no duty to inspect the premises for asbestos before beginning construction. Absent such a duty under the statutes or regulations, the court considered and...
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